Gujarat Information Commission Takes Strong Action Against RTI Misuse
In a significant ruling that underscores the importance of proper implementation of RTI laws, the Gujarat Information Commission (GIC) has imposed a penalty of Rs 5,000 on a Public Information Officer for wrongly denying information to an applicant. The case involved Sarigam gram panchayat's PIO who misinterpreted a previous commission order to reject a legitimate RTI application.
Misinterpretation of Commission Order Leads to Penalty
The controversy began when petitioner Pankaj Rai sought documents related to house number allotments and construction permits through the Right to Information Act. The PIO rejected his application citing that Rai had filed more than 12 RTI applications, referring to a restriction the commission had imposed in its order dated February 1, 2025.
However, the commission clarified that this restriction was specifically intended for certain individuals and did not apply to ordinary citizens. "The order dated Feb 1, 2025, applies only to the petitioner. It does not apply to any ordinary applicant," the commission explicitly stated in its ruling.
Disciplinary Action Recommended Against Appellate Authority
Taking a serious view of the matter, the commission didn't stop at penalizing the PIO. It also recommended disciplinary action against the taluka development officer who served as the first appellate authority. The officer was found negligent in discharging his duties by upholding the denial without proper scrutiny of the facts.
The financial penalty imposed on the PIO will be recovered directly from his salary, demonstrating the commission's determination to enforce accountability. This dual action against both the PIO and the appellate authority sends a strong message about the importance of proper RTI implementation.
Commission Balances Transparency with Privacy Concerns
While ensuring access to information, the commission also demonstrated balance by rejecting the petitioner's request for certain specific documents. The commission ruled that documents containing personal details such as names, addresses, property transfer records and construction permits belonged to third parties and were exempt from disclosure under Section 8(1)(j) of the RTI Act.
The commission noted that these documents contained confidential information that couldn't be disclosed in the absence of demonstrated substantial public interest.
Addressing Widespread Misuse of RTI Restrictions
This ruling comes amid growing concerns about the widespread misuse of the "12 applications" restriction by PIOs across Gujarat. Many officials have been incorrectly applying this limitation to reject legitimate RTI applications from ordinary citizens.
Expressing concern over this troubling trend, the commission stated that it hoped "henceforth the misinterpretation of the orders will be stopped, and citizens will get relief." This case serves as an important precedent that clarifies the scope and application of commission orders while protecting citizens' right to information.
